Reporter Kevin Murphy writes in a Nov. 21 article in the Madison (Wisc.) Gazette of a 7th Circuit Court of Appeals ruling — the same court responsible for the McDonald v. Chicago decision — that actually upheld the Second Amendment.
“Since 1996, the federal government has been prosecuting individuals for possessing a firearm if they previously were convicted of misdemeanor domestic violence offenses, but a Janesville man’s case has changed that,” he writes. “A federal appeals court in Chicago on Wednesday reversed Steven Skoien’s conviction, finding the law he was prosecuted under might violate Skoien’s constitutional right to bear arms.”
The court ruled that rhe government must prove that its interest in preventing domestic violence is related to the ban on firearms possession imposed on those convicted of misdemeanor domestic violence. Skoien, 30, was on probation in 2007, a year after being convicted of misdemeanor domestic battery. Skoien’s probation agent learned his client had obtained a deer hunting license, and a search of Skoien’s truck recovered a 12 gauge shotgun.
Skoien admitted the gun was his father’s and that he had used it that morning to shoot a deer. He was charged with unlawful possession of a firearm and pleaded guilty on the condition he could appeal the conviction on Second Amendment grounds. His two-year prison sentence began in July.
Writing for a three-judge panel, Judge Diane Sykes said the firearms prohibition is too broad. “No one questions the importance of the government’s interest in protecting against domestic-violence gun injury and death. The dispute here is about the fit between this important objective and (the) blanket ban on firearms possession by persons who have been convicted of a domestic-violence misdemeanor,” he wrote in the 27-page opinion.
Sykes noted that the Second Amendment protects a law-abiding individual’s right to possess firearms for self-defense and hunting. Laws that infringe on constitutional rights must do so in the least restrictive manner, which is lacking in the broad, permanent ban Skoien was prosecuted under, according to the opinion.
Assistant U.S. Attorney Tim O’Shea said further appeal of the ruling was under review. He said he expected the government ultimately would prevail.
For more, go to: http://gazettextra.com/news/2009/nov/21/man-wins-appeal-gun-case/
Also: — Federal firearms conviction vacated; State statute may violate Second Amendment; http://www.wislawjournal.com/article.cfm/2009/11/23/Federal-firearms-conviction-vacated-State-statute-may-violate-Second-Amendment//